The Culture of Freedom and the Future of Marriage
Friday, July 07, 2006
"It is not controversial to contend that in the United States, constitutional law serves as a decisive battleground in the struggle over freedom's moral and political meaning," asserts Peter Berkowitz. "It is another matter to assess the impact of the battleground on the battle, to clarify the current balance of power, and to anticipate the battles to come."
Berkowitz, a professor of law at George Mason University School of Law and a fellow at Stanford University's Hoover Institution, addresses the future of the U.S. Supreme Court and the concept of freedom in a fascinating essay published in the current issue of Policy Review. In "The Court, the Constitution, and the Culture of Freedom," Berkowitz argues that an expansive concept of human liberty lies behind the Supreme Court's tradition of jurisprudence. He goes on to argue that this progressive understanding of human freedom is likely to mean that the nation's high court will one day decide that access to same-sex marriage is nothing less than a right guaranteed under the U.S. Constitution.